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FOR FCC RECORD ONLY
$//Suburban Cable TV Co., Inc., MO&O, DA 95-1184//$
$/ 76.922 Rates for the basic service tier and cable programming services tier/$
$/benchmark cable rates/$

                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                                 DA 95-1184 
  



In the matter of                   )
                              )
Suburban Cable TV Co., Inc.      )      CUID No. PA1294
Borough of East Greenville, Pennsylvania )                  
                              )
Order Denying Jurisdiction         )



                       Memorandum Opinion and Order


     Adopted:  May 26, 1995             Released:  June 6, 1995

By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.   In this Order we dismiss a complaint against the price Suburban Cable TV
Co., Inc., ("Suburban") was charging for its cable programming service ("CPS") tier in the
Borough of East Greenville, Pennsylvania, CUID No. PA1294 on the grounds that the
complaint concerns rates that are outside the jurisdiction and authority of this Commission. 
As explained below, the Commission regulates rates for CPS only, and then only upon the
filing of a valid complaint.  Our review reveals that the complaint filed against Suburban,
while asserting that it challenges CPS rates, challenge only rates for basic service, not for
CPS.  The complaint therefore does not trigger the Commission's jurisdiction, and it is
accordingly dismissed.

     2.   The  Cable Television Consumer Protection and Competition Act of 1992
("Cable Act of 1992") distinguishes among basic cable service, premium cable service, and
cable programming service.  The basic service tier is the minimum package of cable service
that a consumer can buy.  Except in limited circumstances, the Commission does not have 
jurisdiction over rates for the basic service tier, and cannot act upon complaints concerning
rates for that tier.  Premium cable service consists of channels that are paid for individually
(per-channel) or per-program.  By statute, these channels are not subject to rate regulation. 
CPS includes all video programming that is not on the basic service tier which the operator
offers as a package of channels.  Rates for CPS tiers are subject to regulation by the
Commission in response to a valid complaint.   
     
     3.    In a letter dated June 23, 1994, Suburban claimed that the complaint for the
Borough of East Greenville should be dismissed on the grounds that the complaint did not
pertain to rates for CPS.  We have examined the complaint, and we conclude that it
challenges only basic rates, not CPS rates, as asserted by Suburban.

     4.    The complaint under consideration here was filed with the Commission on 
FCC Form 329.  FCC Form 329 is used by subscribers or local franchising authorities
wishing to lodge with the Commission a complaint about an operator's CPS rates.  The form
329 is entitled "Cable Programming Service Rate Complaint."  While the form is designed
for use in challenging CPS tier rates, the definition of CPS tier rates is not made clear on the
face of the form and it is possible that someone might complete the form without
understanding what elements of cable service are included in CPS.

     5.    Although the complainant indicates that the rates challenged violate the
Commission's rules, the specific information provided by the complainant indicates that only
basic rates are at issue.  When only basic rates are being challenged, the complaint should
properly be brought to the attention of the local franchising authority in the first instance,
and not filed with this Commission.  If the complaint does in fact challenge CPS rates, the
complainant may file a petition for reconsideration providing information adequate to support
the challenge.
     
     6.     Accordingly, IT IS ORDERED, pursuant to Section 623(a)(2)(A) and (B) of
the Communications Act of 1934, as amended, 47 U.S.C.  543(a)(2)(A) and (B), that the
complaint filed prior to May 14, 1994 against the cable programming service price charged
by Suburban Cable TV Co., Inc. in the Borough of East Greenville, Pennsylvania, CUID
No. PA1294, IS DISMISSED. 

     7.    IT IS FURTHER ORDERED that the motion to dismiss filed by Suburban
Cable TV Co., Inc. IS GRANTED.







     8.    This action is taken pursuant to delegated authority under Section 0.321 of the
Commission's Rules, 47 C.F.R.  0.321. 
     
     
     FEDERAL COMMUNICATIONS COMMISSION





     JoAnn Lucanik
     Chief, Financial Analysis and Compliance Division  
     Cable Services Bureau